Lasseter v. Deas

Decided December 19, 1911

Alabama Court of Appeals · decided 1911-12-19

Heard before Hon. W. W. Pearson. Trover by L. Lasseter against J. C. Deas. Judgment for plaintiff which was set aside, or was attempted to be set aside, and plaintiff appeals. Counsel discusses the issues involved in the original hearing of the case, 'but in view of the opinion it is not deemed necessary to set the same out. He insists, however, that the conrt erred in granting a new trial, and in support thereof, cites. — Chambers v., Morris, 144 Ala. 626.

Cited by 1 later decisions — most recently November 1913

1 state decisions

Relies on Chambers v. Morris · Randall v. Worthington

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1911-12-19

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WALKER, P. J.

¶1The action of the court on the motion for a new trial is not otherwise indicated in the record than by the statement, contained in the bill of exceptions, that, “the motion being understood and considered by the court, the court granted the same on the 13th day of July, 1910.” Following previous rulings on the subject, it must be held that such a recital does not constitute a judgment granting a new trial and vacating the judgment previously entered, and is insufficient to support an appeal.— Chambers v. Morris, 144 Ala. 626, 39 South, 375; Randall v. Worthington, 141 Ala. 497, 37 South. 594. This being true, the appeal must be dismissed.

¶2Appeal dismissed.